Overview

This bill aims to establish a new process for resolving disputes about property boundaries and private rights of way in England and Wales. It proposes a system involving surveyors to determine boundary lines, avoiding lengthy and expensive court battles.

Description

The bill outlines a procedure for resolving boundary disputes between adjoining landowners. If a dispute arises, landowners must attempt to resolve it through a process involving qualified surveyors, before resorting to court.

Pre-Court Procedures

If a dispute arises before court proceedings begin, one owner must serve a notice on the adjoining owner, including a plan showing the claimed boundary. If the adjoining owner objects or doesn't respond within 14 days, a dispute is deemed to exist.

Surveyor Appointment

Either both parties agree on one surveyor, or each appoints one, and those two select a third. These surveyors determine the boundary and related costs. The bill details procedures for replacing surveyors who refuse or fail to act.

Award and Appeal

The surveyors issue a binding award showing the boundary. This award can be appealed to the High Court within 28 days, but there's no appeal to the County Court. The award (once finalized) must be submitted to the Land Registry.

Regulations and Code of Practice

The Royal Institution of Chartered Surveyors will issue a Code of Practice, specifying best practice. The Secretary of State can also make regulations to amend other Acts where necessary.

Penalties and Offences

Failure to comply with pre-court procedures might result in the losing party not recovering costs. Refusing access to surveyors constitutes an offence, punishable by a fine.

Government Spending

The bill doesn't directly specify government spending. The main costs are likely to be incurred by the parties involved in the dispute, potentially including surveyor fees and legal costs if an appeal is made to the High Court.

Groups Affected

• Landowners: Directly affected, as the bill provides a new mechanism for resolving boundary disputes. Potential costs and the need to use qualified surveyors could impact them.
• Surveyors: The bill creates more work for qualified surveyors, particularly those regulated by specified professional bodies. Their role in the process is clearly defined.
• Courts: Potentially reduced workload due to the alternative dispute resolution mechanism provided by the bill.
• Land Registry: Will receive finalized boundary awards, updating land records.

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